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Additional information to the Committee on Freedom of Association
the 289th Session of the ILO Governing Body (March 2004)


17 February 2004, Tokyo

National Confederation of Trade Unions

(ZENROREN), Japan

Case Nos. 2177 and 2183



The ZENROREN on 15 March 2002 filed a complaint to the Government of Japan on the violation of the freedom of association principles in relation to the Civil Service Reform since the General Principles for Public Service Reform that the Government decided at the Cabinet in December 2001 maintained the existing restrictions on fundamental labour rights of public service employees on one hand, and its negotiations and consultations had not been made sufficiently with trade unions concerned. (Case Nos. 2177 and 2183)

On the above Case by the ZENROREN and the other complainants, the Committee on Freedom of Association in its interim report to the 285th Session of the Governing Body in November 2002 made recommendations that gThe Government should reconsider its stated intention to maintain the current restrictions on the fundamental labour rights of public employees,h and that gfull, frank and meaningful consultations be held soon with all parties concerned,g in order to gnotably address the issues, concerning which the legislation and/or practice in Japan are in violation of the provisions of Conventions Nos. 87 and 98g. The Committee of the 287th Session of the Governing Body in June 2003 made further recommendations, of which the point was that gThe Committee strongly requests once again the parties to make efforts with a view to achieving rapidly a consensus on the reform of the public service and on legislative amendments that are in conformity with the freedom of association principlesg.

The ZENROREN has made so far persevering request repeatedly to the Government for negotiations with the Minister in Charge. As a result, its negotiations with Director-general of the Administrative Reform Promotion Secretariat took place on 15 April 2003, after a year and 11 months though regrettably it was not with the Minister. The Secretary-general replied on the demands made by ZENROREN that the Office shall, (i) have consultations in good-faith with the ZENROREN in its efforts to find an agreed point, (ii) not go without negotiation and consultation, (iii) make opportunities to discuss issues of basic labour rights of public service employees, and (iv) make effort for realizing negotiations with the Minister in Charge. The ZENROREN demanded again at its negotiations with officials in Charge on 29th May 2003 for further endeavor to bring about negotiations with the Minister in Charge but no concrete reply from them.

Although nine months have passed since the latter negotiations, the reply made by the Director-general has not implemented at all to break his word. More to the worse, our negotiations have been refused not only with the Minister in Charge but also the Secretary-general of the Office for Promotion of Administrative Reform. The Minister in Charge and the personnel of the Office were changed after the general election in November 2003, and we have renewed our demand for negotiations but no progress has been made due to the lack of their faithful response.

Further, there have been frequent consultations and negotiations between Japanese Trade Union Confederation (RENGO) and the Chief Cabinet Secretary and the Minister in Charge. The Government refusal of negotiations with the ZENROREN cannot but be said unfair and unjust attitudes in double or triple meanings since it totally neglects the recommendations made over twice by the Committee as well as it constitutes discrimination among trade unions.

The ZENROREN provides the above information in the hope that the ILO will work on the Government again to correct its attitude.

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